Return to

Law Centre

Website

 

 

 

Home

Incapacity Benefit is to be replaced by Employment and Support Allowance: 

read about it here

Benefits and tax credit rates from April 2008:

Text version

PDF version

Updated July 08

bullet

Immigration, marriage, civil partnership, cohabitation

bullet

Tax credits

Updated June 08

bullet

Benefits in Hospital and Respite Care

Updated April 08

bullet

Rights of Employees

bullet

Decision Making & Appeals

Updated January 08

bullet

Incapacity Benefit

bullet

Introduction to Community Care

bullet

Financing Residential Care

bullet

Income Support

bullet

Jobseeker's Allowance

bullet

Pension Credit

Updated August 07

bullet

Immigration, Marriage, Civil Partnership

Updated July 07

bullet

DLA and AA

bullet

Housing Benefit

bullet

Social Fund

bullet

Tax Credits

bullet

Statutory Sick Pay

 

 

 

 

 

 

 

 

Appendix: INCAPACITY BENEFIT SCHEDULE

Disabilities which make a person incapable of work

CONTENTS

Part I: Physical

bullet1. Walking on Level Ground
bullet2. Walking Up and Down Stairs
bullet3. Sitting
bullet4. Standing Without Support
bullet5. Rising From Sitting
bullet6. Bending and Kneeling
bullet7. Manual Dexterity
bullet8. Lifting and Carrying
bullet9. Reaching
bullet10. Speech
bullet11. Hearing
bullet12. Vision
bullet13. Continence
bullet14. Remaining Conscious

Part II: Mental Disabilities

bullet15. Completion of Tasks
bullet16. Daily Living
bullet17. Coping with Pressure
bullet18. Interaction with Others

Top

Part I: Physical disabilities

(only one descriptor in each category counts)

(1) Activity (2) Descriptor (3) Points
1. Walking on level ground with a walking stick or other aid if such aid is normally used.

Note: when both walking and stairs apply, only one score (the highest) can count.

1 (a) Cannot walk at all. 15
(b) Cannot walk more than a few steps without stopping or severe discomfort. 15
(c) Cannot walk more than 50 metres without stopping or severe discomfort. 15
(d) Cannot walk more than 200 metres without stopping or severe discomfort. 7
(e) Cannot walk more than 400 metres without stopping or severe discomfort. 3
(f) Cannot walk more than 800 metres without stopping or severe discomfort.

0

(g) No walking problem. 0
(1) Activity (2) Descriptor (3) Points
2. Walking up and down stairs.

Note: when both walking and stairs apply, only one score (the highest) can count.

2 (a) Cannot walk up and down one stair. 15
(b) Cannot walk up and down a flight of 12 stairs. 15
(c) Cannot walk up and down a flight of 12 stairs without holding on and taking a rest. 7
(d) Cannot walk up and down a flight of 12 stairs without holding on. 3
(e) Can only walk up and down a flight of 12 stairs if s/he goes side-ways or one step at a time. 3
(f) No problem in walking up and down stairs. 0
(1) Activity (2) Descriptor (3) Points
3. Sitting in an upright chair with a back, but no arms. 3 (a) Cannot sit comfortably. 15
(b) Cannot sit comfortably for more than 10 minutes without having to move from the chair because the degree of discomfort makes it impossible to continue sitting. 15
(c) Cannot sit comfortably for more than 30 minutes without having to move from the chair because the degree of discomfort makes it impossible to continue sitting. 7
(d) Cannot sit comfortably for more than 1 hour without having to move from the chair because the degree of discomfort makes it impossible to continue sitting. 3
(e) Cannot sit comfortably for more than 2 hours without having to move from the chair because the degree of discomfort makes it impossible to continue sitting. 0
(f) No problem with sitting. 0
(1) Activity (2) Descriptor (3) Points
4. Standing without the support of another person or the use of an aid except a walking stick. 4 (a) Cannot stand unassisted. 15
(b) Cannot stand for more than a  minute before needing to sit down. 15
(c) Cannot stand for more than 10 minutes before needing to sit down. 15
(d) Cannot stand for more than 30 minutes before needing to sit down. 7
(e) Cannot stand for more than 10 minutes before needing to move around. 7
(f) Cannot stand for more than 30 minutes before needing to move around. 3
(g) No problem standing. 0
(1) Activity (2) Descriptor (3) Points
5. Rising from sitting in an upright chair with a back but no arms without the help of another person.  5 (a) Cannot rise from sitting to standing. 15
(b) Cannot rise from sitting to standing without holding on to something. 7
(c) Sometimes cannot rise from sitting to standing without holding on to something. 3
(d) No problem with rising from sitting to standing. 0
(1) Activity (2) Descriptor (3) Points
6. Bending and kneeling. 6 (a) Cannot bend to touch her/his knees and straighten up. 15
(b) Cannot either bend or kneel or bend and kneel as if to pick up a piece of paper from the floor and straighten up again. 15
(c) Sometimes cannot either bend or kneel or bend and kneel as if to pick up a piece of paper from the floor and straighten up again. 3
(d) No problem with bending and kneeling. 0
(1) Activity (2) Descriptor (3) Points
 7. Manual dexterity.  7 (a) Cannot turn the pages of a book with either hand. 15
(b) Cannot turn a sink tap or the control knobs on a cooker with either hand. 15
(c) Cannot pick up a coin which is 2.5 centimetres or less in diameter with either hand. 15
(d) Cannot use a pen or pencil. 15
(e) Cannot tie a bow in laces or string. 10
(f) Cannot turn a sink tap or the control knobs on a cooker with one hand but can with the other. 6
(g) Cannot pick up a coin which is 2.5 centimetres or less in diameter with one hand but can with the other. 6
(h) No problem with manual dexterity. 0
(1) Activity (2) Descriptor (3) Points
8. Lifting and carrying by use of the upper body and arms (excluding all other activities specified in Part I.)  8 (a) Cannot pick up a paper-back book  with either hand. 15
(b) Cannot pick up and carry a 0.5 litre carton of milk with either hand. 15
(c) Cannot pick up and pour from a full saucepan or kettle of 1.7 litre capacity with either hand. 15
(d) Cannot pick up and carry a 2.5 kilogramme bag of potatoes with either hand. 8
(e) Cannot pick up and carry a 0.5 litre carton of milk with one hand but can with the other. 6
(f) Cannot pick up and carry a 2.5 kilogramme bag of potatoes with one hand but can with the other. 0
(g) No problem with lifting and carrying. 0
(1) Activity (2) Descriptor (3) Points
9. Reaching  9 (a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket. 15
(b) Cannot raise either arm to her/his head as if to put on a hat. 15
(c) Cannot put either arm behind back as if to put on a coat or jacket. 15
(d) Cannot raise either arm above her/his head as if to reach for something. 15
(e) Cannot raise one arm to her/his head as if to put on a hat but can with the other. 6
(f) Cannot raise one arm above her/his head as if to reach for something but can with the other. 0
(g) No problem with reaching. 0
(1) Activity (2) Descriptor (3) Points
10. Speech. 10 (a) Cannot speak. 15
(b) Speech cannot be understood by family or friends. 15
(c) Speech cannot be understood by strangers. 15
(d) Strangers have great difficulty understanding speech. 10
(e) Strangers have some difficulty understanding speech. 8
(f) No problems with speech. 0
(1) Activity (2) Descriptor (3) Points
11. Hearing with a hearing aid or other aid if normally worn. 11 (a) Cannot hear sounds at all. 15
(b) Cannot hear well enough to follow a television programme with the volume turned up. 15
(c) Cannot hear well enough to understand someone talking in a loud voice in a quiet room. 15
(d) Cannot hear well enough to understand someone talking in a normal voice in a quiet room. 10
(e) Cannot hear well enough to understand someone talking in a normal voice on a busy street. 8
(f) No problem with hearing. 0
(1) Activity (2) Descriptor (3) Points
12. Vision in normal daylight or bright electric light with glasses or other aid to vision if such aid is normally worn. 12 (a) Cannot tell light from dark. 15
(b) Cannot see the shape of furniture  in the room. 15
(c) Cannot see well enough to read 16 point print at a distance greater than 20 centimetres. 15
(d) Cannot see well enough to recognise a friend across the room at a distance of at least 5 metres. 12
(e) Cannot see well enough to recognise a friend across the road at a distance of at least 15 metres. 8
(f) No problem with vision. 0
(1) Activity (2) Descriptor (3) Points
13. Continence (other than enuresis [bedwetting].) 13 (a) No voluntary control over bowels. 15
(b) No voluntary control over bladder. 15
(c) Loses control of bowels at least once a week. 15
(d) Loses control of bowels at least once a month. 15
(e) Loses control of bowels occasionally. 9
(f) Loses control of bladder at least once a month. 3
(g) Loses control of bladder occasionally. 0
(h) No problem with continence. 0
(1) Activity (2) Descriptor (3) Points
14. Remaining conscious without having epileptic or similar seizures during waking moments. 14 (a) Has an involuntary episode of lost  or altered consciousness at least  once a day. 15
(b) Has an involuntary episode of lost or altered consciousness at least once a week. 15
(c) Has an involuntary episode of lost or altered consciousness at least once a month. 15
(d) Has had an involuntary episode of lost or altered consciousness at least twice in the 6 months before the day in respect to which it falls to be determined whether s/he is incapable of work for the purposes of entitlement to any benefit, allowance or advantage. 12
(e) Has had an involuntary episode of lost or altered consciousness once in the 6 months before the day in respect to which it falls to be determined whether s/he is incapable of work for the purposes of entitlement to any benefit, allowance or advantage. 8
(f) Has had an involuntary episode of lost or altered consciousness once in the 3 years before the day in respect to which it falls to be determined whether s/he is incapable of work for the purposes of entitlement to any benefit, allowance or advantage. 0
(g) Has no problems with consciousness. 0
 

Top

Part II: Mental disabilities

(more than one descriptor in each category can count)

(1) Activity (2) Descriptor (3) Points
15. Completion of tasks. 15 (a) Cannot answer the telephone and reliably take a message. 2
(b) Often sits for hours doing nothing. 2
(c) Cannot concentrate to read a magazine article or follow a radio or television programme. 1
(d) Cannot use a telephone book or other directory to find a number. 1
(e) Mental condition prevents her/him from undertaking leisure activities previously enjoyed. 1
(f) Overlooks or forgets the risk posed by domestic appliances or other common hazards due to poor concentration. 1
(g) Agitation, confusion or forgetfulness has resulted in potentially dangerous accidents in the 3 months before the day in respect of which it falls to be determined whether s/he is incapable of work for the purposes of entitlement to any benefit, allowance or advantage. 1
(h) Concentration can only be sustained by prompting. 1
(1) Activity (2) Descriptor (3) Points
16. Daily living. 16 (a) Needs encouragement to get up and dress. 2
(b) Needs alcohol before midday. 2
(c) Is frequently distressed at some time of the day due to fluctuation of mood. 1
(d) Does not care about her/his appearance and living conditions. 1
(e) Sleep problems interfere with her/his daytime activities. 1
(1) Activity (2) Descriptor (3) Points
17. Coping with pressure. 17 (a) Mental stress was a factor in making her/him stop work. 2
(b) Frequently feels scared or panicky for no obvious reason. 2
(c) Avoids carrying out routine activities because s/he is convinced they will prove too tiring or stressful. 1
(d) Is unable to cope with changes in daily routine. 1
(e) Frequently finds there are so many things to do that s/he gives up because of fatigue, apathy or disinterest. 1
(f) Is scared or anxious that work would bring back or worsen her/his illness. 1
(1) Activity (2) Descriptor (3) Points
18. Interaction with other people. 18 (a) Cannot look after her/himself without help from others. 2
(b) Gets upset by ordinary events and it results in disruptive behavioural problems. 2
(c) Mental problems impair ability to communicate with other people. 2
(d) Gets irritated by things that would not have bothered her/him before s/he became ill. 1
(e) Prefers to be left alone for 6 hours or more each day. 1
(f) Is too frightened to go out alone. 1
 

Top

 

Return to

Law Centre

Website

Law Centre (NI) Encyclopedia of Rights Index

Disclaimer. The information published in these pages is primarily aimed at front line advisers in Northern Ireland.

Although every effort is made to ensure the information is accurate and up-to-date, it should not be treated as a complete and authoritative statement of the law. We cannot be held liable for any inaccuracies and their consequences.

When reading articles posted on this site, please pay attention to their date of publication as legislation may have changed since they were published.